Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space simultaneously.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Aspire media bv
Chamber of Commerce number: 80664350
Trade name: Glamnailsprofessional
VAT number: NL861755042B01
Customer service email: info@glamnailsprofessional.nl
Company address: Hoogstraat 72, 5931GD, Tegelen, Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply correspondingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially nullified or destroyed, the agreement and these conditions will remain in effect for the rest and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our conditions should be explained 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding the import. This arrangement applies if the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service collects the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular base rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the way in which the consumer can check and, if desired, rectify the data provided by him in the context of the agreement before concluding the agreement;
the possible other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
The entrepreneur can – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
Upon purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after the consumer or a representative predesignated by the consumer and announced to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine if he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receiving the product. The consumer must make this known through a written message/email. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days to the place of origin. The consumer must prove that the delivered goods have been returned timely, for example by means of proof of shipment.
If the customer has not made it known after the terms mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products are for the consumer's account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
Exclusion of the right of withdrawal is only possible for services:
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are dependent on fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
The place of delivery takes place under article 5, first paragraph, of the Turnover Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, import VAT or customs clearance costs will be collected from the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate an agreement entered into for a definite period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed duration, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements mentioned in the previous sections:
at any time and not be restricted to termination at a specific time or in a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period that the entrepreneur has stipulated for himself.
Renewal
An agreement entered into for a definite period, which involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
Contrary to the previous section, an agreement entered into for a definite period, which involves the regular delivery of daily, news, and weekly papers and magazines, may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period not exceeding one month.
An agreement entered into for a definite period, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period not exceeding one month and a notice period not exceeding three months in case the agreement involves regular, but less than once a month, delivery of daily, news, and weekly papers and magazines.
An agreement with a limited duration for the regular trial delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to report inaccuracies in the provided or mentioned payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that were made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened in 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Act Implementation Directive Payment Service Providers)' and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may possibly register data in the European CESOP system.
